Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

Archive for February, 2007

Episode 006: Music Licensing

Click on this link to listen to Episode 006 or subscribe and listen through iTunes

SHOW NOTES

Host: Colette Vogele

Guest: Tony Berman, Berman Entertainment and Technology Law
Tony BermanTony Berman w/ Colette Vogele
Tony’s practice involves negotiation of entertainment and technology contracts and advising clients on legal issues involved in the formation of media-related organizations and protection of copyrights and trademarks. He is also an adjunct professor at Golden Gate University School of Law where he teaches Negotiating and Drafting Contracts in the Entertainment Business.

Topic: In this episode, Tony Berman, founder of Berman Entertainment and Technology Law, discusses the how to clear music content for your podcast. Tony doesn’t sugar coat the situation for us. He addresses questions about what licenses you need, what parties own the rights, how to search for rights holders, and some of the tools that are available to help clear the rights you need to use music legally.

Links for this Episode

  • ASCAP
  • BMI
  • SESAC
  • Harry Fox Agency
  • Sound Exchange
  • IODA and Promonet
  • INgrooves.com
  • AllMusic.com
  • Copyright Act: subject matter of copyright, section 106 rights, definitions (see “sound recording”, “perform or display a work publicly”)
  • Background: To get more background information on these and other topics, check the Podcasting Legal Guide on licensing music.

    Credits: Benjamin A. Costa, Legal and Production Intern (and official techie guru). Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

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    Episode 005: DMCA (part deux)

    Click on this link to listen to Episode 005 or subscribe and listen through iTunes. (And check out my flickr photos from our interview.)

    SHOW NOTES

    Host: Colette Vogele

    Guest: Jason Schultz, Electronic Frontier Foundation
    Jason Schultz, EFF staff attorney
    Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.

    Topic for Episode 004: In this episode, we conclude our discussion about the Digital Millenium Copyright Act (the “DMCA”). Last week’s episode dealt primarily with the background of the DMCA and the anti-circumvention laws in section 1201 of the Act. In this week’s episode we digg into the details of section 512, the “notice and takedown” process that allows copyright owners to have illegally copied works removed from websites. Jason describes the steps needed to submit a “counter-notice” if you’re site has been taken down improperly, and also steps you can take to protect your own content. We also discuss the delicate balance that we’re faced with in being both content owners who may wish to enforce copyright, and also content users who may need to defend their works from claims of infringement. Lastly, learn what Jason’s favorite podcasts are!

    Links for this Episode:

  • EFF FAQ on IP
  • Copyright office 1998 summary of the DMCA
  • ChillingEffects.Org’s DMCA FAQ
  • Some free-speech friendly internet service providers:

  • Lauging Squid
  • Speak Easy
  • Computer Tyme (Ctyme) Hosting
  • Blip.tv (and Mike Hudack)
    (Another ISP that I’ve been referred to in the past is NearlyFreeSpeech.Net. Read their DMCA FAQ.)

  • Jason’s podcast recommendations:

  • Open Source Sex with Violet Blue
  • Galacticast
  • Wait Wait… Don’t Tell Me!
  • This American Life
  • EFF’s Line Noise
  • Background: To get more general background information on the DMCA follow these links:

  • Wikipedia entry on DMCA
  • Jessica Litman’s Digital Copyright
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    2 comments

    Episode 004: The DMCA (part 1)

    Click on this link to listen to Episode 004 or subscribe and listen through iTunes.

    SHOW NOTES

    Host: Colette Vogele

    Guest: Jason Schultz, Electronic Frontier Foundation
    Jason Schultz, EFF staff attorney
    Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.

    Topic for Episode 004: In this episode, Jason discusses the Digital Millenium Copyright Act (the “DMCA”) and how podcasters and video bloggers are affected by this law enacted nearly 10 years ago. We start with some background on how the DMCA came about in 1998, then turn to discussing the two key provisions of the act — anti-circumvention (17 U.S.C. §1201) and notice/takedown/safe-harbor rules (17 U.S.C. §512). This episode mostly focuses on the anti-circumvention issues faced by video bloggers and podcaters, while next week’s episode will break down the notice and takedown process of section 512.

    Links for this Episode

  • EFF’s description of DMCA rulings etc.
  • Copyright Office’s Summary of the DMCA (issued Dec. 1998) (note: this is a pdf)
  • EFF FAQ on IP (scroll down to learn more about section 512)
  • Copyright Office Rulemaking on Exemptions from Prohibition on Circumvention of Tech. Measures that Control Access to Copyrighted Works
  • Brewster Kahle/Internet Archive’s ruling to allow circumvention measures
  • CIS’s victory regarding cell phone unlocking
  • Copyright Office’s Ruling on new circumvention exemptions
  • Chaimberlain v. Skylink (garage door opener case)
  • Background: To get more general background information on the DMCA follow these links:

  • Wikipedia entry on DMCA
  • Jessica Litman’s Digital Copyright
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    1 comment

    Episode 003: Non-Commercial Use in CC Licenses

    Click on this link to listen to Episode 003 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Mia Garlick

    Topics for Episode 003: In this episode, Colette finishes her interview with Mia Garlick, General Counsel for Creative Commons (CC), and focuses on meaning of the “Non-Commercial use” restriction in CC licenses.

    Links for this Episode

  • Creative Commons
  • Picking a license at CC
  • CC Wiki re: Non Commercial Use
  • Support CC by “revverizing” your videos
  • Revver video about CC licenses:
  • Background: As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    2 comments

    Status update!

    So, I’ve known for awhile that this process would be a learning one, but this week has been more challenging than I first expected, especially from the technical side of things. Here’s what’s going on:

      First, my email for the show isn’t working, so if any of you have tried to email me at colette[at]rulesfortherevolution[dot]com, I apologize that it’s not working. You may have received a bounce back message or your message is lost. I think it’ll be working by the end of this week.
      Second, for some reason the iTunes feed is skipping over episode 001 for some of you. I’m not sure why that is, but it’s being worked on. (It may work to unsubscribe, and then resubscribe, but I’m not sure if that fixes the episode 001 problem.)
      Third, I’m an FTP beginner, which is why it’s taking a bit for me to get that mp3 version of episode 002 working properly. Again, thanks for the patience for you non-iTunes subscribers. {UPDATE: this is now fixed! I’m an ftp pro! Thanks Bill.}

    These may all be little things, but they add up and finding the time to address them has been a little tough this week. So, I ask you to bear with me a bit and we’ll have things running more smoothly over the next few weeks.

    Speaking of the next few weeks, I do have some great interviews lined up and I am really excited to be able to get these episodes out to you all. We’ll be covering topics like protecting yourself from defamation claims, making sense of copyright’s fair use rules, music licensing, and the DMCA (and more!). I do look forward to your comments and feedback. And for those of you who were dying when I started reading the text of an IP warranty in episode 002, don’t worry. I won’t do that to you very often! :)

    Thanks again for listening, and I look forward to getting these opening glitches worked out very soon!

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